C. L. McMahon, Inc. v. Smith

This is an action by R. T. Smith, plaintiff, against C. L. Mc-Mahan, Inc., defendant, for damages to livestock by pollution. From a verdict and judgment for plaintiff, defendant appeals.

Defendant’s sole contention is that the trial court erred in giving instruction No. 4, which is as follows:

“You are instructed that under the statutory law of this state it is provided that: ‘No inflammable product from any oil or gas well shall be permitted to run into any tank, pool or stream used for watering stock; and all waste of oil and refuse from tanks or wells shall be drained into proper receptacles…